OSHA Safety Standards for Vessels: Ship Fire Safety
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There are OSHA safety standards for vessels that employers must enforce to ensure ship fire safety. Violating standards could result in a Jones Act maritime claim.
The Occupational Safety and Health Administration (OSHA) safety standards apply to vessels that are not subject to inspection by the U.S. Coast Guard. Inspected vessels are under the jurisdiction of the Coast Guard. This was established in the U.S. Supreme Court case of Chao v. Mallard Bay Drilling Inc. in 2002, which found that OSHA could regulate workplaces that were not under jurisdiction of another agency.
Violation of workplace and ship fire safety regulations can lead to a hazardous environment for maritime employees, putting workers at risk for painful burns, scarring and even death.
OSHA Safety Standards for Vessels Include Fire Safety
OSHA has safety regulations in place for all types of workplaces. From construction sites and welding jobs to bakeries and sawmills, OSHA regulations are designed to keep workers in all industries safe and secure while on the job. The agency also has specific standards for providing fire protection and preventing dangerous fires and explosions.
Because there are no specific OSHA safety standards for vessels, ship owners and maritime employers are required to abide by the General Duty Clause, section 5(a)(1), which requires them to provide a risk-free environment for all workers on board. If your employer violates these regulations, you could report them to OSHA and request an on-site inspection. If it can be shown that a hazard exists, is recognized and that the hazard is likely to harm employees, your employer could receive a citation from OSHA and be required to correct any workplace hazards.
Additionally, you could have grounds for a legal claim if you are hurt because of these hazards.
Filing a Claim Under Jones Act Maritime Law
Under Jones Act maritime law, if your employer acted negligently or failed to provide a safe and seaworthy vessel and you were injured because of it, you could sue for damages. Damages could include:
• pain and suffering;
• lost wages, income and benefits (those already incurred and those you will continue to incur);
• reduced quality of life;
• medical bills and treatment costs you’ve incurred and those your doctors expect you to incur in the future; and
• compensation for permanent disability or disfigurement.
If you were hurt in a maritime position because your employer failed to follow ship fire safety and other regulations, you could be due compensation.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Violation of workplace and ship fire safety regulations can lead to a hazardous environment for maritime employees, putting workers at risk for painful burns, scarring and even death.
OSHA Safety Standards for Vessels Include Fire Safety
OSHA has safety regulations in place for all types of workplaces. From construction sites and welding jobs to bakeries and sawmills, OSHA regulations are designed to keep workers in all industries safe and secure while on the job. The agency also has specific standards for providing fire protection and preventing dangerous fires and explosions.
Because there are no specific OSHA safety standards for vessels, ship owners and maritime employers are required to abide by the General Duty Clause, section 5(a)(1), which requires them to provide a risk-free environment for all workers on board. If your employer violates these regulations, you could report them to OSHA and request an on-site inspection. If it can be shown that a hazard exists, is recognized and that the hazard is likely to harm employees, your employer could receive a citation from OSHA and be required to correct any workplace hazards.
Additionally, you could have grounds for a legal claim if you are hurt because of these hazards.
Filing a Claim Under Jones Act Maritime Law
Under Jones Act maritime law, if your employer acted negligently or failed to provide a safe and seaworthy vessel and you were injured because of it, you could sue for damages. Damages could include:
• pain and suffering;
• lost wages, income and benefits (those already incurred and those you will continue to incur);
• reduced quality of life;
• medical bills and treatment costs you’ve incurred and those your doctors expect you to incur in the future; and
• compensation for permanent disability or disfigurement.
If you were hurt in a maritime position because your employer failed to follow ship fire safety and other regulations, you could be due compensation.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
